/ 7 November 2006

No five-star treatment for Shaik

No special arrangements have been made for Schabir Shaik’s expected detainment at Durban Westville prison, the Witness reported on Tuesday.

Its website quoted Correctional services spokesperson Sukhthi Naidoo as saying: ”He’ll be a prisoner like everyone else and will be treated normally.”

Her comment came after both the national and provincial offices of the department appeared to be uncertain on how media enquiries on the matter should be handled.

The department’s director, Luphumzo Kebeni, said the details of Shaik’s confinement would not be discussed.

”Anyway, we do not divulge such information to the media,” he told the paper on Monday.

The Durban businessman’s appeal against corruption and fraud convictions was dismissed in the Supreme Court of Appeal (SCA) on Monday. It also upheld his sentence of imprisonment for an effective 15 years.

Shaik had between 48 and 72 hours after the judgement to report to the department — unless he opts for an appeal to the Constitutional Court.

By Monday afternoon the Shaik camp said it was still studying the judgement.

‘Boom, boom, boom’

The SCA’s ruling is likely to increase the possibility that former deputy president Jacob Zuma could face new charges after an earlier graft case against him was dismissed. Such a step by prosecutors could hobble his presidential hopes.

”We find a wealth of evidence to show that the friendship [between Shaik and Zuma], which we accept exists, was persistently and aggressively exploited by Mr Shaik for his own and his group’s advantage,” said the court’s ruling, read out by Judge President Craig Howie.

”The only reasonable inference is that the payments were corruptly made to influence Mr Zuma to act in conflict with his constitutional duties … all the appeals are dismissed.”

Legal experts said Shaik’s lawyers could try to appeal to the Constitutional Court — the highest in the land — but there might not be sufficient constitutional grounds for this.

Shaik heard the news of the failure of his appeal with a heavy heart, Independent Online reported. ”I can’t believe it,” he said. ”Boom, boom, boom, one, two, three, they didn’t uphold anything. All the lawyers were wrong about what was going to happen.”

Shaik had been scheduled to take part in a news conference after the ruling, but pulled out at the last minute. ”He would rather spend this time gathering his thoughts,” his brother Mo Shaik told reporters. – Sapa